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MATTER OF DALY

72 Misc.2d 195 (1972)

In the Matter of The Estate of Thomas Daly, Deceased.

Surrogate's Court, Queens County.

November 27, 1972

Attorney(s) appearing for the Case

Canavan & Glenn (Edward C. Clarke of counsel), for Agnes M. Whitman, fiduciary in place and stead of Samuel C. Whitman, trustee. John F. Blaha for Thomas J. Daly and another, remaindermen. Maurice J. McCarthy for Caroline Daly, fiduciary in place and stead of Margaret Daly, deceased trustee. Gerald Blumberg (Zane & Zane of counsel), for Bernard N. Wolfman, objectant. William F. Laffan, guardian ad litem for Thomas Daly and another, infants.

LOUIS D. LAURINO, J.

In this contested trustees' accounting proceeding, one of the petitioners moves to dismiss the objections filed by the remaindermen. After agreeing to withdraw the motion pending pretrial conferences, it was again submitted for a determination on October 17, 1972.

The petition and account were filed by one living trustee and by the fiduciary of the other trustee, then deceased. At that time the remaindermen, the Dalys, had...

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